NWLC Files Amicus Curiae Brief Defending Workplace Harassment Enforcement Guidelines
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NWLC Files Amicus Curiae Brief Defending Workplace Harassment Enforcement Guidelines

NWLC Files Amicus Curiae Brief Defending Workplace Harassment Enforcement Guidelines

On July 5, 2024, the NWLC, the ACLU of Tennessee, and five other labor and gender justice organizations, in cooperation with the law firm of Weil, Gotshal & Manges LLP, filed an amicus curiae brief in defense of the Equal Employment Opportunity Commission (EEOC) Workplace Harassment Enforcement Guidance.

In this case, a group of 18 states led by Tennessee sued the EEOC, seeking to block the enforcement guidance because it found that Title VII’s prohibition on sex discrimination includes discrimination on the basis of gender identity.

The EEOC Enforcement Guidelines explain and analyze the federal legal standards for workplace harassment claims. They are an important resource for employees, employers, and law enforcement personnel.

In our brief, we emphasize that the EEOC Enforcement Guidance—and in particular its recognition that harassment based on gender identity is unlawful under Title VII—is critically important to protecting transgender and nonbinary employees in light of the widespread and unlawful harassment they experience in the workplace. This harassment has significant negative impacts on the mental, physical, and financial well-being of transgender and nonbinary employees. Blocking the EEOC Enforcement Guidance would create confusion for employees and employers and undermine protections for transgender and nonbinary employees that are critically needed and required by law.